Western Australian Consolidated Acts

JETTIES ACT 1926 - SECT 8A

8A .         Removal of unlicensed jetties

        (1)         The Minister may cause to be served on any person who constructs, uses or maintains a private jetty that is not licensed or the subject of a lease under this Act a notice in writing requiring that jetty to be removed within such period, being not less than 7 days after the date of service, as is specified in that notice.

        (2)         Where a private jetty that is not licensed or the subject of a lease under this Act belongs to a person whose identity or whereabouts, or both, cannot be ascertained after the making of reasonable enquiries the Minister may, by notice published once in a newspaper circulating throughout the State, require that jetty to be removed within such period, being not less than 7 days after the date of publication, as is specified in that notice.

        (3)         If a requirement under subsection (1) or (2) is not complied with, the Minister may cause the private jetty to be removed.

        (4)         The cost of removal under subsection (3) is a debt due to the Crown and a first charge in priority to all other claims on the materials comprising the private jetty.

        (5A)         In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 73(2)(a), it is declared that section 73(2) of that Act applies to a charge created under subsection (4).

        (5B)         The Minister may recover that cost of removal under subsection (3) by causing the materials comprising the private jetty to be sold.

        (5C)         If under subsection (5B) any materials comprising the private jetty are sold in good faith to a person and the person takes the property in good faith, the person receives good title to the materials against every other person including its true owner.

        (5)         The proceeds of a sale referred to in subsection (5B) shall be applied —

            (a)         first in payment of the cost of that sale; and

            (b)         secondly in payment of the costs of removing the jetty,

                and the balance, if any, of those proceeds shall be paid to the owner of the jetty or, if the identity or whereabouts, or both, of that owner cannot be ascertained after making reasonable enquiries, credited to the Consolidated Account.

        [Section 8A inserted by No. 35 of 1986 s. 8; amended by No. 6 of 1993 s. 11; No. 49 of 1996 s. 64; No. 77 of 2006 s. 4; No. 42 of 2011 s. 99.]